Loading...
Res 084-86 7/1/1986RESOLUTION NO. <I - 9 (Q RESOLUTION APPROVING AN EASEMENT TO TEXAS ELECTRIC SERVICE COMPANY TO PROVIDE ELECTRICAL SERVICE TO A PLANNED SEWAGE LIFT STATION ON HOLLIDAY CREEK. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WICHITA FALLS , TEXAS, THAT : That certain easement, a copy of which is attached hereto, to Texas Electric Service Company for electrical service to a planned sewage lift station on Holliday Creek, is hereby approved, and the City Manager is authorized to execute the same for the City of Wichita Falls . PASSED AND APPROVED this the 1st day of July, 1986 . 0.1-2÷4--2 lociAtit.: M A r OR ATTEST: 4-- --717 i le-- ',--7,716-i)1"--(,;-.7---7 C ty Clerk DISTRIBUTION EASEMENT AND RIGHT-OF-WAY THE STATE OF TEXAS KNOW ALL MEN BY THESE PRESENTS: COUNTY OF .—WICHITA-------------} That CITY OF WICHITA FALLS, A MUNICIPAL CORPORATION, ACTING HEREIN BY AND THROUGH ITS DULY AUTHORIZED OFFICERS herein referred to in the singular, whether one or more) of _.. Wichita County, Texas, for and in consideration of ONE AND NO/100 Dollars ($1...0.0**********) to me in hand paid by Texas Electric Service Company have granted, sold and conveyed and by these presents do grant, sell and convey unto the said Company, an easement of right-of-way for an electric distribution line, consisting of variable numbers of wires, and all necessary or desirable appurtenances (including poles made of wood, metal or other materials, telephone and telegraph wire, props, guys and anchorages), at or near the location and along the general course now located and staked out by said Company, along, over, under, across and upon the following described lands located in Wichita. County,Texas, to wit: Bein described as a tract of land out of Block 1, of the J. A. Scott #12 SalesBeingSayles Subdivision Survey, Abstract 296, Wichita County, Texas, and being more particularly described in that certain deed as recorded in Volume 55, Page 559, Deed Records of Wichita County, Texas, to which reference is made for all purposes. The centerline of the 10 foot wide easement herein granted is described as follows: BEGINNING at a point 5 feet North of the Northwest corner of the Right Of Way line of Irene Lane; 1 THENCE West 1300 feet to a point. I I_ Grantor recognizes that the general course of said line, as above described, is based upon preliminary surveys only, and hereby agrees that the easement hereby granted shall apply to the actual location of said line when constructed. Together with the right of ingress and egress over my adjacent lands to or from said right-of-way for the purpose of inspecting, maintaining, constructing and removing said line and appurtenances; the right to relocate along the same general direction of said lines; the right to relocate said line in the same relative position to any adjacent road if and as such road is widened in the future; the right to lease pole space for the purpose of permitting others to string wire or other desirable appur- tenances on said line; the right to prevent the construction of,for a distance of 5 feet on each side of the actual center of said line, any or all buildings, structures or other obstructions which, in the sole judgment of the Company, may endanger or inter- fere with the efficiency, safety, and/or convenient operation of said line and its appurtenances; and the right to trim or cut down trees or shubbery within, but not limited to, said 10-foot space, to the extent, in the sole judgment of the Company, as may be necessary to prevent possible interference with the operation of said line or to remove possible hazard thereto. TO HAVE AND TO HOLD the above described easement and rights unto the said Company, its successors and assigns,until said line shall be abandoned. And I do hereby bind myself, my heirs and legal representatives, to warrant and forever defend all and singular the above described easement and rights unto the said Company, its successors and assigns, against every person whomsoever lawfully claiming or to claim the same or any part thereof. WITNESS hand this _.........._... day of 19..._.... LCITY OF WICHITA FALLS, A C,mnany As ant or MUNICIPAL CORPORATION LPage 2 of 5 Pages Agenda Item No.d. Y A u 0 •c •>. d u ' 0 o '4 - o Hi q E d F .d .. V h' 7 M y AM I/ 6 O U An s. A o v w W M r, Fi H cg 5 U B 1.4 Ps u m o 0 I' n E' W H 0 d 0 0 W d] y u y n 5 x a, E-+ U E+ d as 0 m I- U Q 4, H U W V s. 03 b off u ¢ H 3 H a w w tW- 3 1_ 10. O a o o o i4 M ==% H iiI U f U W a°i A 01 W 4 r. o pg C7"0 g 1 THE STATE OF TEXAS ICOUNTY OF I BEFORE ME, the undersigned, a Notary Public in and for said County and State, on this day personally appeared subscribed to the foie going instrument, and acknowledged toknowntometobethepersonwhosenamegg me that he executed the same for the purposes and consideration therein expressed. IGIVEN UNDER MY HAND AND SEAL OF OFFICE this the day of A. D. 19 Notary Public in and for County, Texas. C_ THE STATE OF TEXAS I_COUNTY OF BEFORE ME, the undersigned, a Notary Public in and for said County and State, on this day personally appeared I_ . • known to me to be the person whose name subscribed to the foregoing instrument,and acknowledged to me that he executed the same for the purposes and consideration therein expressed. I:: me UNDER MY HAND AND SEAL OF OFFICE this the day of A. D. 19 I_ Notary Public in and for County, Texas. THE STATE OF TEXAS I_ COUNTY OF WICHITA BEFORE ME, the undersigned, a Notary Public in and for said County and State, on this day personally appeared L James Berzina, City Manager known to me to be the person and officer whose name is subscribed to the foregoing instrument and acknowledged to me that the same was the act of the said CITY OF WICHITA FALLS, A MUNICIPAL CORPORATION L a corporation, and that he executed the same as the act of such corporation for the purposes and consideration therein expressed, and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE this the day of A. D. 19 Page 3 of 5 Pages Agenda Item No. 6.d.